Happy 2 Pty Ltd v Bayside Council [2020] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: Happy 2 Pty Ltd v Bayside Council [2020] NSWLEC 1000 Hearing dates: Conciliation conference on 26 November 2019 Date of orders: 07 January 2020 Decision date: 07 January 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans copies of which are marked Annexure "A" for the purpose of the development application. (2) The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $20,000 by 1 February 2020 (the parties note that the agreed figure also satisfies the costs order of 31 October 2019). (3) The Applicant's written request under clause 4.6 of the Botany Bay Local Environmental Plan 2013 for contravention of the maximum height development standard imposed by clause 4.3 of the Botany Bay Local Environmental Plan 2013, is upheld. (4) The appeal is upheld. (5) Development application no. 2017/1243 for the demolition of existing structures and erection of shop top housing with 36 residential units, 5 commercial/retail spaces and basement car parking with 97 car parking spaces at 1637-1647 Botany Road, Botany is approved subject to the conditions in Annexure "B". Catchwords: DEVELOPMENT APPEAL – residential apartment development – Apartment Design Guide – SEPP 65 – mixed use development – conciliation conference – agreement between the parties - orders Legislation Cited: Airports (Protection of Airspace) Regulations 1996 (Cth) Airports Act 1996 (Cth) Architects Act 2003 Botany Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Happy 2 Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: G Green (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)